HEALY – America’s Firearm Provider – Terms and Conditions of Use
This Site http://www.healyarms.com is being made available to you free-of-charge. The terms “you”, “your”, and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Site. The terms “HEALY” “healyarms.com,” “we,” “us,” and “our” refer to Healyarms.com, Predator Guns LLC., doing business as HEALY, together with its affiliates and subsidiaries.
We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions of Use from time to time as we see fit. As such, you should check these Terms and Conditions of Use periodically. Changes will not apply to any orders we have already accepted unless the law requires. If you violate any of the terms of these Terms and Conditions you will have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the Site. Your accessing, viewing, browsing and/or using the Site after we post changes to these Terms and Conditions of Use constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these Terms and Conditions of Use were last updated.
WE RECOMMEND THAT YOU READ THESE TERMS AND CONDITIONS OF USE, AS THEY INCLUDE TERMS SUCH AS LIMITATIONS OF LIABILITY, CHOICE OF FORUM FOR DISPUTES AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.
Entering the Site will constitute your acceptance of these Terms and Conditions of Use. If you do not agree to abide by these terms, please do not enter the Site.
- The acronym “BATFE” refers to the US federal Bureau of Alcohol, Tobacco, Firearms and Explosives.
- The acronym “FFL” refers to person or company that holds a Federal Firearms License
This Site (www.healyarms.com) is owned and operated by Predator Guns LLC., doing business as HEALY. We are an Arizona LLC and our offices are located at 1809 E Baseline Rd., Tempe, AZ 85283.
We are firm supporters of the Second Amendment to the US Constitution and support the NRA and Friends of the NRA. We recommend NRA membership to all of our visitors & customers and provide this link for your convenience: https://membership.nrahq.org/forms/signup.asp
DICRIMINATION AND EQUAL OPPORTUNITY:
We do not discriminate on the basis of race, age, sexual orientation, religion, national origin, or gender.
When you visit the Site, you are communicating with HEALY electronically. You consent to receive communications from HEALY electronically. We will communicate with you by email or by posting notices on the Site. You agree that to the maximum extent permitted by law, all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
ACCURACY OF INFORMATION PROVIDED BY YOU:
You represent and warrant that any information that you provide in connection with your use of the Site, including but not limited to, name, date of birth, billing and shipping address(es), email address(es), and credit card information, is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site.
ACCURACY OF PRODUCT PHOTOS & PRODUCT COLORS:
We strive to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
We cannot guarantee the accuracy of every product image/photo on the Site. When products were placed on the Site, we used the manufacturer’s most recent product image at that time. With thousands of products in stock, although we update photos often, we cannot monitor the accuracy of every product photo and ask you visit the manufacturer’s site or current product brochure to see their most recent product photo and product description BEFORE you purchase from us.
We attempt to be as accurate as possible with every product description and detail. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by the Site itself is not as described, your sole remedy is to return it in the original packaging in a NEW AND UNUSED condition* (see NOTE)
*NOTE: For consumer safety, firearms that have been transferred to you and ammunition are NOT returnable. Make absolutely sure the ammunition or firearm you purchase is in the caliber and configuration you desire.
We make available products and services for purchase through the Site, and we may use third–party suppliers and service providers to enable ecommerce functionality on the Site. If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, CVV / CVV2 number code, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to HEALY the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Descriptions and images of, and references to, third–party products or services available in connection with the Site do not imply our endorsement of such third–party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time.
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (INCLUDING MINIMUM AGE REQUIREMENTS) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar entertainment/informational products sold are for private, non–public, home use (where no admission fee is charged) and may not be duplicated. We reserve the right, with or without prior notice: to limit the available quantity of or discontinue any product or service; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions
ORDERING THROUGH THE SITE:
After placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”).
NOTE: this does not mean that your order has been accepted.
Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). A contract with us will only be formed when we send you the Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our or our third party fulfillment provider’s inventory.
PURCHASING FFL RESTRICTED ITEMS:
Some of the products that we sell on the Site are FFL restricted (e.g. modern firearms, and controlled parts of firearms like lower AR receivers), controlled by federal firearms laws and cannot be shipped directly to customers. Any firearm(s) or controlled parts of firearms that require a BATFE 4473 FBI background check will be shipped to an FFL in your area.
We will make contact with the FFL in your area to request a copy of their Federal Firearms License (FFL). A validation check of the FFL through the BATFE’s Online EZ CHECK system will be conducted the day of the firearm shipment to verify the license as current. We will only ship to FFL’s in good standing with the BATFE and we will only ship to the address listed on the FFL.
FFL restricted items that are returned for refund due to a customer’s inability to pass the BATFE 4473 FBI background check are subject to a restocking fee. Please refer to the Site’s refund policy for details.
TRANSFERRING FFL RESTRICTED ITEMS AND STRAW PURCHASES:
HEALY will always try to eliminate STRAW PURCHASES and ecommerce fraud in the following manner:
When transferring an FFL restricted item to a customer through a second FFL, HEALY, from the order we received from the customer, will provide the following information that will personally identify the customer to the receiving/transferring FFL.
- Customer name
- Customer address
- Customer phone number
- Customer date of birth
We will instruct the receiving FFL to verify that the person picking up the FFL restricted item is THE SAME PERSON listed on the original order we received and accepted payment from. If the person attempting to pick up the FFL restricted item is not the same person from the original order, the receiving/transferring FFL will be asked to STOP to the transaction, not transfer the FFL restricted item and call us immediately. We will make an attempt to take an order from that new person and receive a payment for the FFL restricted item in their name. If we cannot complete an order for the person attempting to take delivery of the FFL restricted item, we shall request the item be returned to us.
Don’t lie for the other guy! No exceptions to this policy will be made.
FFL restricted items that are returned to us for refund due to a person not listed on the original order trying to take delivery of the FFL restricted item are subject to a restocking fee. Please refer to the Site’s refund policy for details.
FFL TRANSFER FEES:
The amount charged by FFL’s to conduct a BATFE 4473 FBI background check and transfer a firearm to you varies by FFL. The customary charge for this service is around $25 to $35 but can vary greatly. HEALY is not responsible for any FFL transfer charges that are charged by other FFL’s. You are responsible to work out the cost of a transfer with the FFL you intend to have transfer the restricted item to you. Although rare, some FFL’s have increased their FFL transfer fee once they have the restricted item at their location. Please work out the FFL transfer cost ahead of the shipment and know what you are going to pay – we are not responsible for transfer fee and/or transfer fee changes imposed by the receiving FFL once they have received the restricted item.
FFL restricted items that are returned to us due to you not accepting the FFL transfer fee at the receiving FFL are subject to a restocking fee. Please refer to the Site’s refund policy for details.
PRICING ACCURACY, PRODUCT AVAILABILITY, ERRORS, OMISSIONS:
Again, our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. We make a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of the items on the Site may be mispriced, described inaccurately or unavailable, and we may experience lags in uploading updates throughout the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of the information, including prices, product images, specifications, availability and services. HEALY reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice.
As part of our shipping procedures, we verify the availability and the price before an item is shipped out.
If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
If an item’s correct price is higher than our stated price, if the item is no longer available, or we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
RISK OF LOSS & ITEM RELEASE:
All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the shipping carrier.
ITEM TITLE AND ITEM RETURNS:
We do not take title to returned items until the item arrives at our distribution or fulfillment facility.
Please visit our return policy page for details.
All prices on Healyarms.com are listed in U.S. dollars. If an item is available online only or both online and our retail location, the price shown will be the online price. If an item is available in the retail location only, the price shown will be the in store price. Pricing, promotions, styles and availability may vary online and at our retail location(s).
Price matching: Pricing for products on the Site may vary from our retail location(s) and from any HEALY print or electronic ad. We do not match the price of our online merchandise with the price offered by our retail location(S) or another company, and our retail location(s) do not match the price of our online merchandise.
Sales and Price Reductions: Any item listed on the Site as “Sale” or “Special Price” is subject to a temporary price reduction. Any item listed on the Site as “Clearance” or “Closeout” is normally discontinued merchandise and subject to a permanent price reduction and the prices are good while supplies last. Some “Clearance” and “Closeout” items are seasonal – we reserve the right to bring those items back into stock at the prevailing (potentially higher) retail price when stock is replenished.
HEALY is a retailer in the United States of America ONLY. We do not sell to foreign countries and we will not ship our products internationally.
Furthermore YOU acknowledge that any purchased goods licensed or sold on the Site, which may include firearms, parts of firearms, accessories for firearms, ammunition, ammunition components, media, technology and software, and all software, including all HTML code and controls that are contained on the Site, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. THE COPYING OR REPRODUCTION OF SUCH SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. By purchasing, downloading or using technology or software from the Site, or by purchasing firearms, parts of firearms, ammunition, or accessories for firearms, you agree to abide by the applicable laws, rules and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission OR OTHERWISE, the media or software or technology or firearm or pats of firearms or accessories for firearms, or ammunition or components of ammunition to a foreign national or a foreign destination in violation of the law.
THIRD PARTY WEBSITES & LINKS:
We provide links and access to third party web sites or services that contain information that is provided as a service to those interested in the information. We neither regularly monitor nor assume responsibility for the content of third parties’ statements or web sites. Accordingly, we do not endorse or adopt these web sites or any information contained therein. We make no representations or warranties whatsoever regarding their accuracy or completeness.
In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
USER CONTENT – REVIEWS, COMMENTS, COMMUNICATIONS, OTHER CONTENT:
Visitors to the Site may post reviews and comments, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “SPAM.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. We reserve the right, but are not obliged, to remove or edit such content. We do not regularly review posted content.
You must provide your actual email address in order to submit User Content. Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy regarding User Content. By submitting your email address in connection with your User Content, you agree that HEALY and its third party service providers may use your email address to contact you about your User Content and for other administrative purposes. However, we have no obligation to respond to any User Content.
If you do post content or submit material, and unless we indicate otherwise, you grant us nonexclusive, royalty-free, perpetual, fully-paid up, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant HEALY and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right, but not the obligation, to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
For all User Content posted by you, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such User Content, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
User Content is also provided by third party visitors to the Site. Please note that visitors to the Site may make statements, post messages or other User Content that is/are inaccurate, misleading or deceptive. We neither endorse nor are responsible for any opinion, advice, information or statements made by third parties. We are not responsible for any such information or materials made available through the Site (including without limitation errors or omissions in postings or links or images embedded in such postings) or results obtained by using any such information or materials. Under no circumstances will the HEALY or its related business entities be responsible or liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect our opinions.
LIMITATIONS ON QUANTITY:
We do offer additional discounts on large orders of a single item or on large orders of many individual items. We will notify you when and if a quantity discount is available.
However, there are circumstances where we reserve the right to limit quantities on orders placed by the same account, the same credit card, or orders that use the same billing and/or shipping address. We will notify you if such limits are applied.
RESIDENTS OF CALIFORNIA – SPECIAL NOTICE:
Under California law, California residents who have an established business relationship with us may opt out of HEALY disclosing personal information about them to third parties for their marketing purposes. If you do not want us to disclose information to other companies for their marketing purposes and you do not want to receive marketing from us, please call 480-621-5555 to opt out.
TERMINATION OF SITE USE AND REFUSAL OF SERVICE:
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions of Use or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
HEALY, “America’s Firearm Provider”, healyarms.com and the stylized logo are trademarks owned by Predator Guns LLC. In addition, healyarms.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of HEALY and Predator Guns LLC in the U.S. and/or other countries. Predator Guns LLC’s HEALY trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Predator Guns LLC and/or HEALY. All other trademarks not owned by Predator Guns LLC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Predator Guns LLC or HEALY.
All Content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive our property and protected by U.S. and international copyright laws. All software used on this site is our property or its software designers, engineers and/or suppliers and protected by United States and international copyright laws.
The Content of the Site, and the Site as a whole, is intended solely for personal, noncommercial use by the users of our Site. You may download, print, post and store selected portions of the Content for personal, noncommercial purposes, provided you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. You may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, screen scraping, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
We rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, “Associates”) who supply some of the goods advertised on the Site and, in some cases, drop ship them directly to our customers. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, or items advertised on affiliate/associate Sites by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed;
- A description of where the material that you claim is infringing is located or identified on the Site;
- Your name, address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
HEALY – Legal/Copyright Agent22717 S Ellsworth Rd B-101Queen Creek, AZ 85142
You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HEALY or its Associates without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.
UNDER NO CIRCUMSTANCES SHALL HEALY OR ANY OF ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF HEALY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
GENERAL DISCLAIMERS OF WARRANTIES:
While we attempt to ensure your access and use of the Site is safe, we cannot and do not represent or warrant that the Site or its server will be error–free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks) or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS AND OTHER PRODUCTS (INCLUDING SOFTWARE), SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY HEALY ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, THE ACCURACY OR COMPLETENESS OF CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ITS SERVERS, OR THAT EMAILS SENT FROM US ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. HEALY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, HEALY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
WE DO NOT REPRESENT OR WARRANT THAT THE STATED VELOCITY, INGREDIENT, MATERIAL, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION COMES FROM THE PRODUCT MANUFACTURER OR SUPPLIER AND ON OCCASION MANUFACTURERS MAY IMPROVE THEIR PRODUCTS AND UPDATE THEIR DESCRIPTIONS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT’S PACKAGE LABEL, MANUFACTURER’S WEB SITE, OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC CONCERN OR QUESTION ABOUT A PRODUCT.
On the Site, we may display names, marks, products, advertisements or services of third parties, pop–up texts, or links to third party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third party sites, you do so entirely at your own risk.
INDEMNIFICATION AND DEFENSE:
As a condition of the use of the Site, you agree to defend, indemnify and hold harmless HEALY, and its respective subsidiaries, companies, employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations or inquiries, claims, suits, damages, costs and expenses (including without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms and Conditions of use
The Site is controlled and operated from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
APPLICABLE LAW AND ENFORCEMENT OF TERMS AND CONDITIONS:
BY ACCESSING AND USING THE SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS AND CONDITIONS OF USE, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF ARIZONA, UNITED STATES OF AMERICA. The laws of the State of ARIZONA, without regard to choice of law principles, govern all matters arising out of or related to these Terms and Conditions of use. You agree that the exclusive forum and venue for any legal action arising out of or related to these Terms and Conditions shall be the United States District Court for the District of ARIZONA, and you submit to the personal jurisdiction of that court. If neither subject matter nor diversity jurisdiction exists in the United States District Court for the District of ARIZONA, then the exclusive forum and venue for any such action shall be the courts of the State of ARIZONA located in MARICOPA County, and submit to the personal jurisdiction of that court.
These Terms and Conditions of use, including policies incorporated herein (e.g., Review Guidelines, Pricing Policy, Return Policy and terms of sale), constitute the entire agreement between you and HEALY with respect to the Site. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site. No provision of these Terms and Conditions of use shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No waiver will be applicable other than in the specific instance in which it is given. No failure to exercise, partial exercise of, or delay in exercising any right or remedy, or failure to require the satisfaction of any condition under, these Terms and Conditions of use shall operate as a waiver or estoppel of any right, remedy or condition. If any provision of these Terms and Conditions of use is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms and Conditions of use will not be affected or impaired. Nothing in these Terms and Conditions of use creates a relationship of agent and principal, partners, joint venturers or employer–employee between the parties, and no act or obligation of either party will in any way bind the other. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions of use without our express prior written consent. We may also provide notice of changes to these Terms and Conditions of use by displaying such notices or by providing links to such notices. You agree that a printed version of these Terms and Conditions of use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions of use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
You may write us at this address:
HEALY – America’s Firearm Provider
ATTN: Consumer Affairs
1809 E Baseline Rd
Tempe, AZ 85283
2017-09-25, Updated the outdated mailing addresses